What to Do If You Have Been Misdiagnosed or Received a Delayed Diagnosis

If you believe you or someone you love received a medical misdiagnosis or delayed diagnosis, follow these steps for a brighter future.
  1. Try to stay calm. Clear thinking after you have learned about a diagnosis that was incorrect or delayed can help build a legal case.
  2. Process the news and seek help. After learning about a misdiagnosis or diagnosis, take time to process your feelings. Work to understand what has happened, your next steps in medical treatment, and the support you will need moving forward. Switching healthcare professionals or hospitals, if possible, may be part of this process. Remember: your health and recovery are paramount.
  3. Collect and preserve information and documentation. Write down what you remember about when your symptoms first started, the medical practitioners who performed assessments, the symptoms you reported, the diagnostic testing and imaging that were done, and how your symptoms progressed or changed during this time. Collect documentation that may help piece together what happened, including medical reports, photos, emails, and text messages.
  4. Contact a lawyer. Memories will fade and delays can jeopardize the ability to obtain solid evidence. There are also often strict time limits within which to file a lawsuit, so it is important not to hesitate to get legal advice. Consultations are free.
We’re here to listen

What to Do If You Have Been Misdiagnosed or Received a Delayed Diagnosis

If you believe you or someone you love received a medical misdiagnosis or delayed diagnosis, follow these steps for a brighter future.
  1. Try to stay calm. Clear thinking after you have learned about a diagnosis that was incorrect or delayed can help build a legal case.
  2. Process the news and seek help. After learning about a misdiagnosis or diagnosis, take time to process your feelings. Work to understand what has happened, your next steps in medical treatment, and the support you will need moving forward. Switching healthcare professionals or hospitals, if possible, may be part of this process. Remember: your health and recovery are paramount.
  3. Collect and preserve information and documentation. Write down what you remember about when your symptoms first started, the medical practitioners who performed assessments, the symptoms you reported, the diagnostic testing and imaging that were done, and how your symptoms progressed or changed during this time. Collect documentation that may help piece together what happened, including medical reports, photos, emails, and text messages.
  4. Contact a lawyer. Memories will fade and delays can jeopardize the ability to obtain solid evidence. There are also often strict time limits within which to file a lawsuit, so it is important not to hesitate to get legal advice. Consultations are free.
We’re here to listen

Common Places Where Medical Misdiagnoses & Delayed Diagnoses Occur

Some common places where medical misdiagnoses or delayed diagnoses occur in Ontario include, but are not limited to:

  • Hospitals
  • Family doctor offices
  • Walk-in and outpatient clinics
  • Laboratory testing facilities
  • Diagnostic imaging laboratories

Common Medical Misdiagnoses & Reasons for Failure to Diagnose

Virtually any illness, disease, or ailment can be misdiagnosed or diagnosed too late. That said, some are more common, including but not limited to:

  • Cancer
  • Stroke
  • Aneurysm
  • Pulmonary embolism
  • Fractures
  • Internal bleeding
  • Bacterial infection
  • Spinal cord compression
  • Sepsis
  • Brain injury
  • Autoimmune diseases
  • Heart attack
  • Asthma
  • Meningitis
  • Encephalitis

There are also some common causes of misdiagnosis and delayed diagnosis, including but not limited to:

  • Failure to properly consult with the patient about their symptoms
  • Failure to properly evaluate a patient’s symptoms (e.g., failure to conduct a thorough clinical examination)
  • Failure to properly follow up and investigate the cause of symptoms
  • Failure to order necessary testing, including blood tests and imaging studies
  • Failure of physician to inform patient of serious condition
  • Failure to correctly interpret and report on blood tests
  • Failure to correctly interpret and report on diagnostic imaging, including X-rays, MRI, ultrasounds, and CT scans
  • Failure of laboratory to report accurate results
  • Failure to refer patient to a specialist when required
  • Failure to distinguish between medication side effects and an illness
  • Failure to do prenatal genetic screening